Md. Code Regs. 15.05.01.14

Current through Register Vol. 51, No. 22, November 1, 2024

Section 15.05.01.14 - Standards for Inspection for Pests

A. Responsibilities - General. The following standards apply to each person regulated under this chapter, and each pest inspection shall be done according to the following standards by a person who is competent to determine the presence of target pests or their damage:

(1) Each inspection shall include a careful visual observation and thorough examination of the readily accessible area, object, material, structure, or part of a structure inspected. Particular attention shall be directed to those areas where target pests are likely to occur, based upon the habits and natural tendencies of the target pest.

(2) The inspector shall report accurately all findings in writing to the person or persons for whom the inspection was performed.

(3) The report shall indicate any findings or visible evidence of the target pest or pests. The initial inspection report for any wood destroying insect shall include a diagram of the structure inspected that indicates locations where target pests are found. Upon subsequent inspection, the initial inspection diagram shall be updated if structural changes are visible or when an insect reinfestation is observed.

(4) A copy of any inspection report for pest control contracted shall be held by each licensee, permit or certificate holder for 2 years, and shall be made available, upon request, to the Department.

B. This section applies only to inspections for wood destroying insects made in connection with a property transfer or for the purpose of securing a real estate loan. A person performing this inspection (licensee, certificate holder, or registered employee) shall:

(1) Sound or probe readily accessible structural members to inspect for wood destroying insects, and direct particular attention to the following readily accessible areas of the structure under inspection:

(a) Exterior. The exterior of a structure below eye level, without the use of ladders, shall be inspected.

(b) Interior/General, Including the Attic. The interior of the structure, including readily accessible attic area, shall be inspected.

(c) Interior/Basement. The interior of the basement area shall be inspected.

(d) Interior/Crawl Space. The crawl space area shall be inspected.

(2) Using Form MD-1, Maryland Wood Destroying Insect Inspection Report, complete an inspection report containing the following information:

(a) Date of inspection;

(b) Name and address of licensee performing inspection;

(c) Name of person performing inspection;

(d) Name of property owner or seller if known;

(e) Address of property or structure inspected;

(f) Description of structure inspected;

(g) Indicate areas of the structure inaccessible to inspector, including, but not limited to, areas of the basement, crawl space, main level, attic, exterior and attached garage or porch, and indicate reason why the area is inaccessible;

(h) Indicate presence or absence of wood destroying insects;

(i) Indicate visible evidence, if any, of wood destroying insects, including a description of the specific location of damage and insect, or insects, involved;

(j) Indicate visible damage, if any, to the structure, and if known indicate whether damage has, or will be, corrected or further evaluated;

(k) Indicate if insect control measures were performed;

(l) Indicate visible evidence of previous treatment;

(m) A statement required by the department about conditions conducive to infestation that may be present in or around structures;

(n) The name of the inspector and signature and title of the company representative if different from the inspector.

(3) Include with the inspection report a diagram of the structure inspected showing the locations where visible evidence of wood destroying insects is found, including the specific location of damage observed.

(4) The licensee is responsible for the cost of producing the inspection report form required under this section.

C. Canine Pest Detection Teams.

(1) A person may not operate a pest control business using a canine scent pest detection team to detect any pest, unless both the dog and the dog's handler are trained according to the requirements of this regulation and the business is licensed and certified as required by this chapter.

(2) Each team shall be certified as satisfactorily trained, for pest detection by an individual or organization recognized by the Department, for each target pest for which it intends to offer pest detection services.

(3) A team may only be certified as trained for pest detection and not dogs or handlers who are not part of a team.

(4) A team shall be recertified each year as satisfactorily trained in pest detection work.

(5) An individual or organization that trains or certifies a team for pest detection work may use pseudo-scents and extracts for training purposes but shall not use them for certification testing purposes.

(6) Each person who operates a pest control business shall maintain accurate records of the training of each team and its certification. These records shall be maintained for 2 years and shall be made immediately available, on request, to the Department. The following information shall be kept:

(a) The name of the handler and the dog;

(b) The name, address and telephone number of the individual or organization that provided initial training, maintenance training, certification, or recertification of the handler and dog;

(c) The date when initial training, maintenance training, or recertification was completed;

(d) A certification by the individual or organization that trains the team that it has successfully completed any required training; and

(e) Proof that the team has been recertified as required by this regulation.

(7) Each team training test shall be designed by the qualified person to accurately evaluate the ability of a team to satisfactorily perform pest detection work.

(8) All training tests shall take place under conditions that are similar to conditions where target pests may be found.

(9) Any test shall consist at a minimum of 4 areas or spaces designed to restrict odors from moving between areas or spaces.

(10) Each test area described in §C of this regulation shall contain at least 2 distractors and 3 hides as follows:

(a) The person performing a testing shall place hides in the testing room or space at least 30 minutes before testing begins;

(b) A distractor shall represent the typical encountered under field conditions by a team in the region the team operates; and

(c) If a dead target pest is used as a distractor, the pest shall have been dead for at least 48 hours.

(11) The time limit for completing the search of all rooms, spaces or areas for a pest by a team is 20 minutes, excluding the time spent by the team travelling between rooms or spaces. Individuals or organizations conducting canine scent detection team testing shall adjust the time limit of the test to account for varying size rooms and spaces.

(12) The person conducting any testing shall pass or fail the team, however, one false alert is allowed but it cannot be on a placed distractor.

(13) If any dog is treated cruelly during testing, the dog team fails any test.

(14) At least two individuals shall conduct each test for the satisfactory detection of the team for a pest.

(15) Each individual conducting the test shall have a minimum of 5 years of documented experience, recognized by the Department, in dog scent handling, training and evaluation in at least one of the following areas:

(a) Law enforcement;

(b) Other government agency;

(c) Military; or

(d) Other comparable experience verifiable by the Department in dog scent detection training or evaluation.

D. A person testing a team may not be the dog's current or former trainer and may not have any business or financial interest in the team's business.

E. A person who tests a team for the detection of pests may have standards that are stricter than the standards provided in this chapter.

Md. Code Regs. 15.05.01.14

Regulation .14A amended effective July 25, 1988 (15:15 Md. R. 1811)
Regulation .14C, D, E adopted effective 40:13 Md. R. 1076, eff.7/8/2013